INCREMENTAL FACILITY AMENDMENTClearwire Corp • November 2nd, 2007 • Communications services, nec • New York
INCREMENTAL FACILITY AMENDMENT, dated as of November 2, 2007 (this “Amendment”) among CLEARWIRE CORPORATION, a Delaware corporation (the “Borrower”), MORGAN STANLEY SENIOR FUNDING, INC., as administrative agent (in such capacity, the “Administrative Agent”) and as a Tranche C Term Lender (as defined below), WACHOVIA BANK N.A., as a Tranche C Term Lender, and MORGAN STANLEY SENIOR FUNDING, INC. and WACHOVIA CAPITAL MARKETS, LLC, as lead arrangers (each a “Lead Arranger” and collectively, the “Lead Arrangers”), to the Credit Agreement, dated as of July 3, 2007 (the “Existing Credit Agreement”), among the Borrower, the several banks and other financial institutions or entities from time to time parties thereto (the “Lenders”), MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and CITIGROUP GLOBAL MARKETS INC., as co-documentation agents (in such capacities, the “Co-Documentation Agents”), JPMORGAN CHASE BANK, N.A., as syndication agent (in such capacity, the “Syndication Agent”), MORGAN
